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1. Parents can opt their child out—but only voluntarily and with full understanding

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1. Parents can opt their child out—but only voluntarily and with full understanding

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“Parents have the right to opt their children out of EL programs or particular EL services. This decision must be voluntary and based on a full understanding of the EL child’s rights…” (p. 1)

Why it matters: Ensuring parents make informed, voluntary decisions builds trust and upholds ethical practice

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2. Opt-out does not erase the student’s EL status

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2. Opt-out does not erase the student’s EL status

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“That child still retains his or her status as an EL.” (p. 1)

Why it matters: Even if students opt out of services, their identity and learning needs remain—and we must continue to support them

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3. LEAs must continue monitoring progress in language and academics

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3. LEAs must continue monitoring progress in language and academics

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“LEAs must continue to monitor the English language proficiency (ELP) and academic progress of students who opt out…” (p. 1)

Why it matters: Monitoring helps catch gaps early and ensures students aren’t falling behind despite opting out

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4. If progress is inadequate, LEAs must notify parents (in their language) and offer services again

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4. If progress is inadequate, LEAs must notify parents (in their language) and offer services again

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“If a student does not demonstrate appropriate growth... the LEA must inform the parents in a language they understand and offer EL services.” (p. 1)

Why it matters: Language/access equity ensures families can engage meaningfully in their child’s education

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5. Schools must not steer parents toward opting out

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5. Schools must not steer parents toward opting out

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“LEAs may not recommend that a parent opt a child out of EL programs or services for any reason.” (p. 1)

Why it matters: We must remain neutral and focus on what’s best for the learner, not convenience or bias

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6. Timely, multilingual notification within 30 days (or 2 weeks for new arrivals)

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6. Timely, multilingual notification within 30 days (or 2 weeks for new arrivals)

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“LEAs that receive Title I or Title III funds must provide written notification… within 30 days of the start of the school year (or within two weeks for later-arriving students).” (p. 1)

Why it matters: Prompt communication respects families’ rights and supports informed choices from day one

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7. Documentation of opt-out decisions is required

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7. Documentation of opt-out decisions is required

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“The LEA should retain appropriate documentation to demonstrate that a parent knowingly and voluntarily opted his or her EL child out of EL services.” (p. 2)

Why it matters: Proper documentation protects both the family’s intent and the school's legal accountability

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8. Tool #1: Statutorily required elements of parent notification letters

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8. Tool #1: Statutorily required elements of parent notification letters

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“Tool #1, Statutorily Required Elements of Parent Notification Letter…” (p. 2)

Why it matters: Knowing what must go into a notification letter ensures legal compliance and clarity

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9. Tool #2: Sample notification form for opting out

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9. Tool #2: Sample notification form for opting out

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“Tool #2... provides one example of a form that LEAs could use... to document that parents have been notified… before voluntarily waiving them.” (p. 3)

Why it matters: Having a concrete template helps streamline the opt-out process and ensures consistency

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10. Tool #3: Sample form to opt back into EL services

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10. Tool #3: Sample form to opt back into EL services

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“Tool #3, Sample Notification to Opt a Child Back into English Learner Programs or Services…” (p. 3)

Why it matters: Families may change their minds, and a clear re-entry pathway supports flexibility and reversibility